What is the significance of a ‘bona fide attempt’ in patent reexamination responses?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A ‘bona fide attempt’ in patent reexamination responses refers to a genuine effort by the patent owner to advance the reexamination proceeding to final action, even if the response contains minor deficiencies.

According to MPEP 2266.01: “Where a patent owner submission responds to the rejections, objections, or requirements in a non-final Office action and is a bona fide attempt to advance the reexamination proceeding to final action, but contains a minor deficiency (e.g., fails to treat every rejection, objection, or requirement), the examiner may simply act on the amendment and issue a new (non-final or final) Office action.”

The significance of a bona fide attempt is that:

• It allows the examiner to proceed with the examination despite minor omissions
• It prevents unnecessary delays in the reexamination process
• It distinguishes between minor oversights and serious deficiencies that require more formal action

This concept is crucial in maintaining the efficiency and fairness of the patent reexamination process.